Section 102 in Sikkim Urban and Regional Planning and Development Act, 1998
102. Transfer to authority for purposes of development of land or building vested in local authority.
(1)Whenever any building or any street, square or other land, or any part thereof, which is situated within any development area and is vested in any local authority is required for the purposes of development by the Authority, it shall give notice accordingly to the Executive Officer of the concerned local authority, and such building, street, square, other land or part thereof, shall, notwithstanding anything contained in the law under which the said local authority is constituted, thereupon vest in the Authority.(2)Where any property vests in the Authority under sub-section (1) and the Authority makes a declaration that such property shall be retained by it for a period to be specified in the declaration, the property shall, on the expiration of said period, revert to the local authority.(3)Where a declaration is made under sub-section (2), no compensation shall be payable by the Authority to the concerned local authority in respect of the property so vested in the Authority.(4)Where any land or building vests in the Authority under sub-section (1) and no declaration is made under sub-section (2) respect of the land or the building, the Authority shall pay to the local authority concerned as compensation a sum equal to the market value of such land or building as on the date of notice under sub-section (1):Provided that the land or equal market value may be given in exchange, or lieu or compensation.(5)If, in any case, where the Authority and made a declaration in respect of any land under sub-section (2) and retains or disposes of the land contrary to the terms of the declaration so that the land does not revest in the local authority, the Authority shall pay to the concerned local authority compensation in respect of such land in accordance with the provisions of sub-section (3).(6)If any question or dispute arises-(a)As to whether compensation is payable under sub-section (3) or sub-section (4); or(b)As to the amount of compensation paid or proposed to be paid under sub-section (3) or sub-section (4); or(c)As to whether any building or street, or a square or other land or any part thereof is required for the purposes of development by the Authority;The matter shall be referred to the Government whose decision thereon shall be final.
